How to File a Medical Malpractice Lawsuit

Many medical malpractice lawsuits require significant time and resources from both doctors and attorneys. This can include physician hours and work product and attorney time court costs, expert witness fees, and countless other expenses.

A medical malpractice case can be filed in the event that a healthcare professional was negligent or has acted in a manner that is illegal, made an error, or acted in a way that was not. Injury victims may seek compensatory damages, which include economic loss, such as the past and future medical bills, and noneconomic expenses like pain and suffering.

Complaint

A medical malpractice lawsuit is a complex one and requires proof of credibility to be able to prevail. The injured person or their lawyer if the patient has died must show each of these legal elements:

The defendant breached the duty. The defendant breached this duty. The breach directly caused injury to the plaintiff. This aspect of a malpractice claim is called "causation." A breach of the standard of care does not cause injury; however, it must be shown that the breach directly caused the injury and was the main reason for the injury.

It is often required to file a complaint with a state medical malpractice attorneys body to protect the patient's rights and ensure that the doctor doesn't engage in further errors. A report is not a lawsuit, but it can be an effective first step towards getting the malpractice claim started. It is best to consult a Syracuse malpractice attorney prior to filing any report or other document.

Summons

As part of the legal process an order or claim form is filed with the court and delivered to the defendant physician. A plaintiff's lawyer who is appointed by the court will review these documents. If it is determined that there is a malpractice issue, the lawyer will file an affidavit and complaint with the court, describing the claimed error.

The next step is to obtain evidence through pretrial disclosure. This involves submitting requests for documentation such as hospital billing information and clinic notes and taking the deposition of the defendant's physician where lawyers question the defendant about his or her knowledge of the case under the oath.

This information will be used by the plaintiff's lawyer to prove elements of a claim for medical malpractice in court. This includes the existence of a duty on the doctor's part to provide care and treatment to patients; the physician's breach of this duty causality between the breach and the patient's injury or death and a sufficient amount of damages resulting from the accident or death to justify a monetary award of compensation.

Discovery

During the discovery phase, both parties are allowed to request evidence that is relevant to their case. This includes medical records from before and after an incident of negligence, information regarding experts, copies of tax return or other documentation relating to expenses out of pocket that the plaintiff claims have been incurred, and the names and contact information of witnesses who will be appearing in the trial.

The majority of states have a statute of limitations that gives injured people an amount of time after an injury or medical mistake to file a lawsuit. Those time limits are usually determined by the law of the state and are subject to rules known as the "discovery rule."

To prevail in a medical malpractice lawsuit, an injured patient has to prove that the negligence of a doctor caused specific harm, such as physical pain, or loss of income. They must also prove causation, i.e. that the negligent treatment resulted in their death or injury.

Deposition

Depositions are questions and answer sessions that are conducted in the presence of a court reporter who documents both the questions and the responses. The deposition is a part of the discovery procedure, which is the process of gathering evidence that can be used in the trial.

Depositions permit attorneys to question witnesses, often doctors to answer a set of questions. When a doctor is questioned and asked to answer questions honestly under an oath. Usually, the physician is asked questions by one attorney, and is then cross-examined in the presence of another attorney. This is an essential stage of the case and requires the complete concentration and attention of the doctor.

A deposition allows attorneys to gather a full background of the doctor's background in terms of his or his education, training, and experience. This information is essential to convincing the court that the doctor did not adhere to the standard of care you expect and that this breach resulted in injury to you. For example, physicians who have received training in the field of malpractice cases will typically testify that they have vast knowledge of certain procedures and practices that may be relevant to a specific medical malpractice claim.

Trial

Your lawyer will make a complaint to the court and issue a summons. This initiates the legal disclosure process known as discovery. Your doctor and your staff will work together to collect evidence to support your case. This usually comprises medical records and expert witness testimony.

To prove that you committed a crime you must prove that your doctor's actions were below the standard of care. Your lawyer must convince a jury that it is more likely than not that your injuries would not have occurred if your doctor followed the standard of care. Your doctor's lawyers will argue defenses that contradict the evidence provided by your attorney.

Despite folklore suggesting that doctors are a target for frivolous malpractice claims, years of empirical research has shown that jury verdicts tend to reflect reasonable judgments about the extent of negligence and damages and that juries are skeptical of inflated damage awards. The vast majority of malpractice cases settle before trial.